HomeMy Public PortalAbout2002-044 Resolution Regarding Variances for 3505 Pioneer TrailMember Carolyn Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.02-44
RESOLUTION REGARDING VARIANCES FOR 3505
PIONEER TRAIL
WHEREAS, Loch Development (the "Applicant") is the fee owner of property located at
3505 Pioneer Trail, which property is legally described as Lot 2, Block 2, Covey Run, Hennepin
County, Minnesota (the "Property"); and
WHEREAS, section 720.05 of the city's code of ordinances requires a setback of 75 feet
for individual sewage treatment systems (ISTS) from designated wetlands; and
WHEREAS, in order to construct a single family dwelling on the Property, it will be
necessary to construct an ISTS closer to a designated wetlands than permitted by ordinance; and
WHEREAS, the Applicant has requested variances to reduce the required setbacks from
75' to 18.83' for the primary site and from 75' to 45.13' for the alternate site for an ISTS on the
Property; and
WHEREAS, this matter was considered by the planning commission at its meeting on June
11, 2002 and by the city council on June 18, 2002.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that variances be granted to the Applicant to reduce the required setbacks for an ISTS as
requested, subject to the following terms and conditions:
1. The site originally requested by the Applicant as the alternate site must be
considered the primary site and vice versa;
2. The variances must be utilized within one year of the date of this resolution by
issuance of a permit for the individual sewage treatment system (ISTS) or the approval hereby
granted will be null and void; and
RHB-216892v1
ME230-8
3. The Applicant must pay to the city an administrative fee in the amount necessary to
reimburse the city for the cost of reviewing this application.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the city council of the city of
Medina that the above variances are justified because of the following hardships:
1. The Property is an existing parcel;
2. There is no other option available to make the Property buildable;
3. The condition was not created by the Applicant;
4. There will be no adverse impact on adjacent parcels; and
5. The wetlands in question is small and was not identified until soil borings were
conducted on the Property.
Dated July 2, 2002.
Philip K. ietlow, Mayor
ATTEST:
aura Sulander, Acting Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Tom Supel
and upon vote being taken thereon, the following voted in favor thereof: Lane, Supel, Workman,
Smith and Zietlow
and the following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
RHB-216892v1
ME230-8